Ajad @ Master Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 1727 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 10282 of 2022
                                          (AJAD @ MASTER KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-01-2023
                                Mr. Pradeep Katare, learned counsel for the appellant.

                                Mr. Purshottam Tanwar, learned Panel Lawyer for respondent/state.

Heard on I.A. No.17256 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 12.10.2022 passed in

Special Sessions Case No.05/2017 by Special Judge (M.P.D.V.P.K. Act), Gohad, District Bhind (M.P.) whereby, appellant stood convicted under Section 25(1)(d) of Arms Act, Section 11/13 of M.P.D.V.P.K. Act and

sentenced to undergo rigorous imprisonment of five years, three years with fine of Rs.1000/- respectively with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He further submits that the independent witnesses of seizure and memo have not supported the case of the prosecution and turned hostile. The appellant has

been arrayed as an accused only on account of memorandum of the co- accused. It is further argued that are material loopholes in investigation which is evident from the statement of Investigating Officer (PW-13) Ram Kumar Pathak. There are lots of contradictions and omissions in the evidence of the prosecution witnesses. It is further submitted that appellant has already suffered almost one year of incarceration as against five years R.I. awarded. Disposal of appeal shall take considerable time, therefore, he prays for suspension of Signature Not Verified Signed by: CHETNA BEHRANI Signing time: 01-Feb-23 10:07:43 AM

sentence and grant of bail to the appellant.

P e r contra, learned Public Prosecutor for the respondent/State vehemently opposed the prayer and submitted that the prosecution has proved its case beyond doubt. Hence, prayed to reject the application.

Heard learned counsel for the parties and perused the materials available on record.

Keeping in view, the facts and circumstances of the case, without expressing any opinion on merits of the case, I.A. No. 17256 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand

only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail.

The appellant is further directed to mark his appearance before the Office of this Court o n 11.04.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

Application ( I.A.No. 17256 of 2022) stands disposed of. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Chetna

Signature Not Verified Signed by: CHETNA BEHRANI Signing time: 01-Feb-23 10:07:43 AM